H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Published on:December 12, 2011

First Amendment Protects Us From Rudeness to Police Being Treated As A Crime

While it may not make good common sense to flip off a police officer or use profanity when he or she is deciding whether to cite you with a traffic offense or to arrest you for a crime that is – well “arrestable” or not depending on the officer’s discretion — it is clear in Colorado that the US and Colorado versions of the First Amendement’s protection for free speech are alive and well.

Two recent Colorado cases have resulted in dismissals and large monetary awards after police officers made arrests in response to being fliped off or being sworn at by Colorado citizens.

Swearing at or flipping off a police officer is probably rude, but it’s speech that’s protected by the First Amendment.

Flipping off a police officer or shouting vulgarities at a cop may not the smartest thing to do, but they are technically legal in Colorado.

Two cases in the metro area demonstrate the extent of the First Amendment in this context.

Bob McIntosh, a Colorado citizen, received a $20,000 settlement from Boulder County over his arrest on Oct. 1. He was pulled over for going 41 mph in a 20 mph school zone and used profanity at Deputy Sheriff Tim Lynch because of the speeding ticket.

McIntosh repeatedly swore at the deputy and called him a vulgar name and the deputy told him if he didn’t control his language he would be arrested. McIntosh was arrested and charged with disobeying a police officer. The charge was later dropped.

The settlement reflected a decision by Boulder County government to pay the large fee because he had indicated that he would sue undera decision by the U.S. Supreme Court that hs held that verbal criticism of a police officer is protected speech and McIntosh’s arrest on that charge was a violation of the First Amendment.

Similarly, severla months ago prosecutors dismissed a case against Shane Boor, a man who flipped off a state trooper on C-470 near West Bowles Avenue in Jefferson County because his actions are protected under the Constitution.

H. Michael’s Take

I advise this — the police are people too. They deserve our respect and good manners unless they give a reason for us to act otherwise. They have difficult jobs and – if that is not reason enough to be polite – they have, on the street at least – tremendous power and discretion. All cases do not resolve as the above cases would make it seem. If you are wronged bu the police — physically cooperate during the arrest — do NOT make any statements other than identifying yourself — and don’t – contrary to the two individuals above – exercise your right to flip them off or wear at them — it just makes common sense in the long run to take this course of action…as a matter of survival!